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Should the zig zag fence be the boundary or ....?

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DEREK G. GRAHAM OLS OLIP
(@derek-g-graham-ols-olip)
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Have a read of a Washington State case:

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20WACO%2020120206850.xml&docbase=CSLWAR3-2007-CURR

Cheers

Derek


 
Posted : February 7, 2012 3:22 pm
jud
 jud
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Around here many fences are just fences and never were intended or claimed historically to represent a boundary, it is buyers from outside and their realtors or bankers who allow problems to develop over old fence lines by not having a survey done and the history of the intent of occupation determined. When fences are called for, it pays to do some investigation on the fences found to determine if they are representative of the original intent and fence, often not done by surveyors without rural experience. Dropped calls from descriptions are another place for problems, hence looking at the latest deed description and the description of the deed that created the unit of land, if in agreement fine, if not, find out when and where the document was changed. Looks like there was ample record and testimony available for all of the surveyors involved here to have reached the same conclusion that the courts did and not triggered a court case. No room for deed surveyors or fence surveyors, only room for boundary surveyors when dealing with other peoples land.
jud


 
Posted : February 7, 2012 3:58 pm
paden-cash
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In most of the litigations that I've been associated with the fence is rarely relied upon, or ruled as a boundary unless the deeded descriptions fall short of accurately describing the property. And of course, unless the fence is mentioned as bounds in the deed. Even then, proving it's the same fence as described by the deed can be difficult at times.

This doesn't by any means excluded someone from attempting to obtain title to "their side of the fence" through adverse possession proceedings.


 
Posted : February 7, 2012 4:07 pm